NATIONAL INSURANCE COMPANY LTD. Vs. S. KAVITHA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant Insurance Company against the award and decree dated 28. 02. 2007 made in M. C. O. P. No. 253 of 2004, on the file of Motor Accidents Claims Tribunal (Subordinate Judge), Gudiyatham.

(2.) Brief facts which are necessary for disposal of this appeal are as follows:- On 02. 05. 2004 at about 10. 50 A. M. , when the claimant/first respondent and others were travelling in a TATA Sumo bearing Registration No. AP 03 G 5119, from Paradarami to Tiruppathi near Cystain Factory in between Chandragiri to Ithepalli Road, the vehicle hit behind the rear side of the bus bearing Registration No. AP 10 Z 4925, which was standing near the cystain factory. Due to the accident, five persons died and seven were injured and the claimant was taken to the SCRRGG Hospital, Tirupathi for treatment. Alleging that the accident was due to negligent driving of the driver of the TATA Sumo, the first respondent/claimant and other injured persons have filed a claim Petition before the Motor Accidents Claims Tribunal, Gudiyatham, Vellore under Section 166 of the M. V. Act, claiming compensation of Rs. 1,00,000/- against the owner of the TATA Sumo and its insurer. The same was taken on file in MCOP. No. 253 of 2004.

(3.) Aggrieved by the said common order dated 28. 02. 2007, the appellant Insurance Company has filed this appeal before this Court for reduction of the compensation.